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2016 (8) TMI 1345 - KERALA HIGH COURTReview application - Detention of goods with vehicle - Invocation of Section 47(2) of the KVAT Act - detention on the ground that the vehicle was seen parked in front/premises of Akbar Saw Mill, Tirur; and that no documents were produced by the driver of the vehicle for transportation of the goods, i.e., imported pincoda - Held that: - the grounds raised in this Review Petition are not available to the petitioner in an application for review filed under Order XLI Rule 1 of the Code of Civil Procedure. If the petitioner is aggrieved by the conditions imposed by this Court in the judgment dated 10.5.2016 in W.P. (C)No.17194 of 2016 for releasing the goods under detention, his remedy is to file an intra-court appeal under Section 5 of the Kerala High Court Act, 1958 and not a Review Petition under Order XLI Rule 1 of the Code of Civil Procedure. There was a calculated attempt on the part of the petitioner in approaching this Court in W.P.(C)No.17194 of 2016 with false statements. The petitioner has even produced bogus documents along with the Writ Petition and also in this Review Petition. Therefore, in the facts and circumstances of the case, I deem it appropriate to dismiss this Review Petition after imposing a cost of 50,000/-(Rupees Fifty Thousand only) ₹ on the petitioner, which shall be paid to the Kerala Legal Services Authority, an authority constituted under the Legal Services Authorities Act, 1987 to provide free legal service to the weaker sections of the society. Petition dismissed.
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